Outline of the eviction process in Florida

Florida is a landlord-friendly eviction state with a short, well-defined process under Part II of Chapter 83 (the Florida Residential Landlord and Tenant Act). An uncontested nonpayment case can go from notice to a sheriff's writ in three to four weeks. The catch is that county judges dismiss cases over small defects in the three-day notice, and since July 2023 the state has preempted every local eviction ordinance, so the rules below apply the same way in Miami, Tampa, Jacksonville and Orlando.

1. Grounds for eviction in Florida

• Nonpayment of rent (§ 83.56(3)).
• Curable lease violations such as an unauthorized pet or occupant, or a parking or noise breach (§ 83.56(2)(b)).
• Non-curable violations: intentional destruction of property, a repeat of a similar violation within 12 months of a written warning, or conduct that unreasonably disturbs neighbors (§ 83.56(2)(a)). From October 1, 2026, the list also includes fraudulent entry of a dwelling under new § 817.537, meaning a tenant who obtained possession with forged documents or a false identity, whether or not criminal charges have been filed (ch. 2026-143).
• Termination of a periodic tenancy without cause (§ 83.57).
• Holding over after a lease ends, which can also expose the tenant to double rent (§ 83.58).

Florida has no just-cause requirement and no rent control, and HB 1417 (effective July 1, 2023) bars cities and counties from adding their own notice rules, tenant bills of rights or late-fee limits.

2. The notice

• Nonpayment: the three-day notice. The tenant gets three days, excluding weekends and legal holidays, to pay the rent stated or vacate. The notice must use the statutory wording in § 83.56(3), state the exact rent owed (rent only, no late fees or utilities unless the lease defines them as rent), give the landlord's name, address and phone number, and be delivered by one of the methods in § 83.56(4): mailing, hand delivery of a true copy, leaving a copy at the residence if the tenant is absent, or, since July 1, 2025, email, but only where landlord and tenant have both signed the voluntary electronic-notice addendum required by § 83.505. An emailed notice is treated as delivered when sent unless it bounces, and the tenant can revoke consent at any time, so check that the addendum is still in force before relying on it. Judges routinely dismiss cases where the notice demanded late fees, miscounted a holiday, or was served before rent was actually due.
• Curable violation: seven-day notice to cure. Describe the breach and state that the lease terminates if it is not cured within seven days or recurs within 12 months (§ 83.56(2)(b)).
• Non-curable violation: seven-day unconditional notice to vacate (§ 83.56(2)(a)).
• Ending a periodic tenancy. Since 2023: at least 30 days before the end of a monthly period (up from 15), 7 days for week-to-week, 30 days for quarter-to-quarter, 60 days for year-to-year (§ 83.57).
• Federally covered properties. A federally backed mortgage or subsidy still triggers the CARES Act 30-day notice for nonpayment.

Accepting rent. Under § 83.56(5)(a), a landlord who accepts the rent with knowledge of the default waives the right to terminate for that default, so if the tenant offers the full amount late and you intend to proceed, refuse it. Accepting partial rent does not waive the claim, but after the notice has been posted the landlord must do one of three things: give the tenant a receipt stating the date and amount received and the agreed date and balance still due, pay the partial rent into the court registry when the case is filed, or post a new three-day notice for the new balance. A private reservation of rights is not one of the statutory options.

3. Filing the eviction complaint

File a Complaint for Eviction in the county court for the property's county, attaching the lease and the notice. Possession-only cases use the summary procedure in § 51.011, which is what makes Florida fast. You can add a count for unpaid rent and damages, but that count follows normal civil timelines and needs personal service, so many landlords file possession only and pursue money separately. Filing fees are about $185 for possession alone and roughly $300 to $400 with a damages count. The clerk issues a five-day summons, served by the sheriff or a certified process server (about $40); posting is allowed for the possession count after two attempts.

4. The tenant's five days and the registry deposit

The tenant has five days, excluding weekends and holidays, to file a written answer. In any action for possession, not only nonpayment, a tenant who raises a defense other than payment, including a defective three-day notice, must deposit the accrued rent alleged in the complaint into the court registry and keep depositing rent as it comes due while the case is pending (§ 83.60(2)). The tenant’s alternative is to file, within the same five days, a motion to determine the amount of rent, with documentation showing the figure in the complaint is wrong. A tenant who does neither waives every defense except payment, and the landlord is entitled to an immediate default judgment and a writ of possession without further notice or hearing. Tenants in public or subsidized housing deposit only their own portion. This rule is why most Florida cases never reach a hearing.

If the tenant files no answer, you move for a clerk's default and then a default final judgment, usually entered on the papers within a few days.

5. Hearing and judgment

If the tenant answers and deposits the rent, or the case is a lease-violation case, the court sets a short hearing, typically one to three weeks out. Bring the lease, ledger, the notice with proof of delivery, and photographs for breach cases. Common defenses are a defective notice, acceptance of rent, retaliation (§ 83.64), and a properly noticed withholding of rent for repairs under § 83.60(1), which requires that the tenant gave seven days' written notice of the defect before withholding. Judgment for possession usually enters at the hearing.

6. Writ of possession and the sheriff

After final judgment, the clerk issues a Writ of Possession (§ 83.62). The sheriff posts it at the unit with a 24-hour notice, and weekends and legal holidays do not pause that 24 hours. Sheriffs charge $90 to serve and execute the writ, the $40 writ-service fee plus the $50 additional fee in § 30.231; confirm the amount with the local sheriff’s civil division. When the 24 hours expire the deputy returns, removes any occupants and puts the landlord in possession. At that point you may change the locks and remove the tenant's belongings to or near the property line, and you may ask the deputy to stand by while you do it, at an hourly rate set by the sheriff; the statute protects both the sheriff and the landlord from liability for property removed under a writ. There is no storage obligation after a writ (the abandoned-property rules in Chapter 715 apply when a tenant leaves on their own).

A tenant can appeal within 30 days, but an appeal does not stay the writ unless the tenant keeps paying rent into the registry and the court grants a stay. Self-help is prohibited by § 83.67: changing locks, cutting utilities or removing doors exposes you to three months' rent or actual damages, plus attorney's fees.

Typical timeline

Step	Typical time
Three-day notice	3 business days (5 to 6 calendar days)
Filing and service	2 to 7 days
Answer and registry deposit	5 business days
Default or hearing	3 to 14 days
Writ of possession and sheriff notice	2 to 7 days plus 24 hours

Uncontested nonpayment cases commonly finish in three to four weeks. Contested cases, and any case in Miami-Dade or Broward where dockets are heavy, can run six to ten weeks.

Recent law changes landlords should know

• Fraudulent entry (October 1, 2026). Chapter 2026-143 (HB 1293) makes it a crime to obtain possession of a rental with forged documents or a false identity, and adds it to the grounds for a seven-day unconditional notice in § 83.56(2)(a).
• Email notices (July 1, 2025). Chapter 2025-16 created § 83.505 and amended § 83.56(4): statutory notices may be emailed where both parties signed the electronic-delivery addendum.
• HB 1417 (July 1, 2023). Statewide preemption of local landlord-tenant ordinances, and the month-to-month termination notice moved from 15 to 30 days.
• Live Local Act (2023). Confirms the statewide ban on rent control.
• Fee in lieu of deposit (2023). Landlords may offer a monthly fee instead of a security deposit under § 83.491, with required disclosures.

When to bring in an attorney

Because of the registry-deposit rule, a nonpayment eviction with a clean three-day notice is one of the most routine legal tasks in Florida, and many landlords file their own. Use counsel for lease-violation cases, for any tenant who has raised repairs or retaliation, for subsidized or federally backed properties, and when you also want a money judgment. Florida eviction firms typically charge a flat fee of a few hundred dollars for an uncontested possession case, and the attorneys listed below represent landlords in the county courts across the state.

Sources

• Fla. Stat. Chapter 83, Part II, including §§ 83.56, 83.57, 83.58, 83.59, 83.60, 83.62, 83.64, 83.67, 83.491; Fla. Stat. § 51.011 (summary procedure).
• Chapter 2023-314, Laws of Florida (HB 1417); Chapter 2023-17 (Live Local Act); Chapter 2025-16 (electronic notices); Chapter 2026-143 (HB 1293, fraudulent entry). Statutory text checked against the 2026 Florida Statutes.
• Fla. Stat. § 30.231 (sheriff’s fees), § 83.505 and § 817.537.
• Florida county clerk of court eviction guides and fee schedules.